How licensing and practice rules differ between Spanish regions

Terms used

• Colegio — The colegio is the professional body that registers and supervises members of a profession in a given area.
• Colegiación — Colegiación is the duty to join a colegio before practising certain professions.
• Consejo general — The consejo general is the national body that groups all the colegios of one profession.
• Boletín oficial — The boletín oficial is the official gazette where laws are published, nationally or by region.
• Consejería — A consejería is a regional government department.
• Ventanilla única — The ventanilla única is a single window where you can handle procedures and get directions in one place.
• Punto de Atención al Emprendedor — The Punto de Atención al Emprendedor is an office that helps people start a business or activity and directs them to the right body.

Key rules

• Colegiación: The state, not your region, decides whether your profession must join a colegio.
• Regional rules: Your region sets licensing and registry rules for many regulated activities, so check the region where you will work.
• Valid everywhere: An authorisation from one region should be valid across Spain without a second one.
• Complaints: If a region demands a second authorisation, complain to SECUM.

Who sets the rules: the state or your region

Both do, and they cover different things. The state sets the basic rules for professional colegios and for professional qualifications. It also decides which professions need a degree.

Your region runs the detail on its own territory. That means regional laws on colegios, the creation and registry of colegios, regional councils and supervision. Regions also control many regulated activities, such as health services, education, tourism guides, social services and many trades. They set their own licensing and registry rules for these.

So the same job can have different paperwork in Madrid, Catalonia or Andalusia. Always check the region where you will actually work.

Do you have to join a colegio?

The state decides this, not the region. Regions can regulate how colegios are structured and run. Some, such as Catalonia, Andalusia and the Basque Country, have their own laws on this. They cannot add or remove the duty to join for a profession in a way that departs from state law.

Plans for a new state law listing the professions that require colegiación have not settled the point. Confirm with your profession's colegio before you start work.

How the market-unity law protects you

A licence, qualification or authorisation you obtained in one part of Spain is valid across the whole country. Another region should not ask you for a second authorisation. The law also bars unnecessary and disproportionate regional barriers.

If a region puts up such a barrier, you have two routes:

• Complain, or ask for information, through the Secretaría del Consejo para la Unidad de Mercado (SECUM).
• Use a special court procedure against the authority involved. The Comisión Nacional de los Mercados y la Competencia (CNMC) can file a challenge in the national courts.

How to find the local rule

Work through these in order:

1. Identify your profession's national consejo general and your local colegio. Both publish statutes and entry requirements.
2. Look up the regional law on colegios and professions in the regional boletín oficial. State rules are in the national official gazette.
3. Contact the regional consejería that handles colegios. It is often the department for the presidency, justice or public administration. Many regions also keep a public registry of colegios.
4. If you work in a regulated trade or need a licence, contact the regional department for your sector, such as health, industry or tourism.
5. If you are still unsure, ask the Punto de Atención al Emprendedor or the colegio's ventanilla única. They can point you to the right office.

The checklist, decision and questions below cover the same steps in short form.

Choosing between options

Which rule decides whether you must join a colegio: the state's or your region's?

• Follow the state rule: Use this to know whether your profession requires colegiación at all, because the state decides which professions must join.

• Follow the regional rule: Use this for how the colegio in your region is organised and run, and for the regional rules on regulated activities such as health, tourism or trades.

If the question is whether you must join, the state rule decides. If it is how the local colegio or your regulated activity works, the regional rule decides.

Check the current position for your profession with your colegio, as the state rules on colegiación may change.

Checklist

• Find your profession's national consejo general and the local colegio, since both publish statutes and entry requirements.

• Search the regional official gazette (boletín oficial) for the regional law on colegios and professions, and the state gazette (BOE) for state rules.

• Complain to the Secretaría del Consejo para la Unidad de Mercado (SECUM) if another region asks for a second authorisation for a licence you already hold.

• Confirm with your colegio whether your profession requires colegiación, since the state and not the region decides this.

Frequently asked questions

Can my region decide that my profession must join a colegio?

No, your region cannot add or remove the duty to join a colegio, because the state decides which professions require colegiación. Regions only regulate how colegios in their territory are set up and run. Catalonia, Andalusia and the Basque Country, for example, have their own colegio laws.

What can I do if a region asks me for a second authorisation?

You can complain to the Secretaría del Consejo para la Unidad de Mercado (SECUM), because a licence or qualification valid in one part of Spain is valid across the whole country. The same law bars unnecessary and disproportionate regional barriers. You can also go through the national competition authority (CNMC), which can challenge the authority in the national courts.

Who can point me to the right office for my profession and region?

The Punto de Atención al Emprendedor and the colegio's single window (ventanilla única) can direct you to the right regional body. Many regions also keep a public registry of colegios. For regulated trades, ask the regional department for your sector, such as health, industry or tourism.